The Punjab Courts Act, 1918

(1) This Act may be called the Punjab Courts Act, 1918. (2) It extends to Union territory of Chandigarh.

In this Act— the expression “the Punjab Courts Act, 1914, means what was published as the Punjab Courts Act, 1914, in Part V of the Punjab Gazette, dated 22nd May, 1914; and the expression “Punjab Act IV of 1914” means what was published as Punjab Act IV of 1914, in Part V of the Punjab Gazette, dated 20th November, 1914. The enactment specified in the Schedule are hereby repealed to the extent mentioned in the fourth column thereof.

(1) (a) The provisions contained in Part II of this Act are hereby enacted, and shall be deemed to have had effect on and from the first day of August, 1914. (b) The Punjab Courts Act, 1914, and Punjab Act IV of 1914, or so much of them as may be valid, are repealed on and from the first day of August, 1914. (2) All things done under the Punjab Courts Act, 1914, as amended by Punjab Act IV of 1914, shall be deemed to be in every way as valid as if the Punjab Courts Act, 1914, as amended by Punjab Act IV of 1914, had been of full force and effect on and from the first day of August, 1914: Provided, firstly, that any appeal which may have been decided by the Chief Court in the exercise of jurisdiction purporting to be exercised under section 39 (1) (b) of the Punjab Courts Act, 1914, shall be deemed to have been validly decided and shall not be called in question by reason of anything contained in this Act; And, secondly, that any appeal which before the commencement of this Act has been presented to the Chief Court under section 39 (1) (b) of the Punjab Courts Act, 1914, and which should not have been so presented if the said sub-section had run as set out in section 39 of Part II of this Act shall if it has not been decided be transferred by the said Court for disposal to the District Court having jurisdiction; And thirdly, that any appeal which would have lain to the Chief Court under section 39 (1) (b) of the Punjab Courts Act, 1914, but which lies to the District Court under the provisions of this Act and which is presented to the Chief Court at the commencement of this Act would be within time shall be deemed to be presented within time if presented to the District Court within sixty days from the commencement of this Act. In this Part, unless there is something repugnant in the subject or context,— (1) “Small cause” means a suit of the nature cognizable by a Court of Small Causes under the Provincial Small Cause Courts Act, 1887; (2) “Land-suit” means a suit relating to land as defined in section 4(1) of the Punjab Tenancy Act, 1887, or to any right or interest in such land; (3) "Unclassed suit" means a suit which is neither a small cause nor a land suit ; and (4) “Value” used with reference to a suit means the amount or value of the subject-matter of the suit. In this Part, unless there is something repugnant in the subject or context,— (1) “Small cause” means a suit of the nature cognizable by a Court of Small Causes under the Provincial Small Cause Courts Act, 1887; (2) “Land-suit” means a suit relating to land as defined in section 4(1) of the Punjab Tenancy Act, 1887, or to any right or interest in such land; (3) "Unclassed suit” means a suit which is neither a small cause nor a land suit ; and (4) “Value” used with reference to a suit means the amount or value of the subject-matter of the suit.

Besides the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887, and the Courts established under any other enactment for the time being in force, there shall be the following classes of Civil Courts, namely:— (1) The Court of the District Judge; (3) The Court of the Subordinate Judge.

(1) For the purposes of this Part the Central Government shall divide the territories under its administration into civil districts. (2) The Central Government may alter the limits or the number of these districts.

The Central Government shall appoint as many persons as it thinks necessary to be District Judges, and shall post one such person to each district as District Judge of that District: Provided that the same person may, if the Central Government thinks fit, be appointed to be District Judge of two or more districts.

(1) The Central Government, in consultation with the High Court, may also appoint Additional District Judges to exercise jurisdiction in one or more courts of the District Judges. (2) Additional District Judges shall have jurisdiction to deal with and dispose of such cases only as the High Court, by general or special order, may direct them to deal with and dispose of or as the District Judge of the district may make over to them for being dealt with and disposed of: Provided that the cases pending with the Additional District Judges immediately before the 26th day of June, 1963, shall be deemed to be cases so directed to be dealt with or disposed of by the High Court or so made over to them by the District Judge of the District as the case may be. (3) While dealing with and disposing of the cases referred to in sub-section (2), an additional District Judge shall be deemed to be the Court of the District Judge.

(1) The Central Government may after consultation with the High Court fix the number of Subordinate Judges to be appointed. (2) The High Court may confer on any Judicial Magistrate the powers of such class of Subordinate Judges as it may deem fit to be exercised by the Judicial Magistrate within such local area as the High Court may define.

The Court of the District Judge shall be deemed to be the District Court or principal Civil Court of original jurisdiction in the district.

Except as otherwise provided by any enactment for the time being in force, the Court of the District Judge shall have jurisdiction in original civil suits without limit as regards the value.

The jurisdiction to be exercised in original civil suits as regards the value by any person appointed to be a Subordinate Judge shall be determined by the High Court either by including him in a Class or otherwise as it thinks fit.

(1) The local limits of the jurisdiction of a Subordinate Judge shall be such as the High Court may define. (2) When the High Court posts a Subordinate Judge to a district, the local limits of the district shall, in the absence of any direction to the contrary, be deemed to be the local limits of his jurisdiction.

(1) The Central Government may after consultation with the High Court appoint any person to be an Honorary Subordinate Judge, and the High Court may confer on such Judge all or any of the powers conferable under this Act on a Subordinate Judge with respect to particular classes of suits or with respect to suits generally in any local area. (2) The Central Government may direct any even number of persons invested with powers of the same description and exercisable within the same local area under this section to sit together as a bench; those powers shall, while the direction remains in force, be exercised by the bench so constituted, and not otherwise. (3) The decision of the majority of the members of a bench constituted under this section shall be deemed to be the decision of the bench. (4) Persons on whom powers are conferred under this section and the benches constituted under this section shall be deemed, for the purposes of this Part, to be Subordinate Judges. (1) The [State Government] may confer [within such local limits as it thinks fit] on a Subordinate Judge [or Munsif] the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of suits cognizable by such Courts up to such value not exceeding [five hundred rupees] [in the case of a Subordinate Judge and two hundred and fifty rupees in the case of a Munsif] as it thinks fit, and may withdraw any jurisdiction so conferred. (2) The [Central Government] may direct any number of persons invested with powers of the same description and exercisable within the same local area under this section to sit together as a bench; those powers shall, while the direction remains in force, be exercised by the bench so constituted, and not otherwise. (3) The decision of the majority of the members of a bench constituted under this section shall be deemed to be the decision of the bench. (4) Persons on whom powers are conferred under this section and the benches constituted under this section shall be deemed, for the purposes of this Part, to be Subordinate Judges.

The [High Court] may, by notification in the Official Gazette, confer, within such local limits as it thinks fit upon any Subordinate Judge, the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of suits, cognizable by such Courts, up to such value not exceeding [two thousand rupees], as it thinks fit, and may withdraw any jurisdiction so conferred.

(1) The [High Court] may by general or special order authorise any Subordinate Judge to take cognizance of, or any District Judge to transfer to a Subordinate Judge under his control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in such order. (2) The proceedings referred to in sub-section (1) are the following, namely:-(a) Proceedings under the Indian Succession Act, 1865 and the Probate and Administration Act, 1881 which cannot be disposed of by the District Judge. (b) [Clause (b) repealed]. (3) The District Judge may withdraw any such proceedings taken cognizance of by or transferred to a Subordinate Judge and may either himself dispose of them or transfer them to a Court under his control competent to dispose of them. (4) Proceedings taken cognizance of by or transferred to a Subordinate Judge as the case may be under this section shall be disposed of by him, subject to the rules applicable to like proceedings when disposed of by the District Judge.

(1) The [High Court] may fix the place or places at which any Court under this Part is to be held. (2) The place or places so fixed may be beyond the local limits of the jurisdiction of the Court. (3) Except as may be otherwise provided by any order under this section, a Court under this Part may be held at any place within the local limits of its jurisdiction.

Subject to the general superintendence and control of the [High Court], the District Judge shall have control over all the Civil Courts under this Part within the local limits of his jurisdiction.

Notwithstanding anything contained in the Code of Civil Procedure, every District Judge may by written order direct that any civil business cognizable by his Court and the Courts under his control shall be distributed among such Courts in such manner as he thinks fit: Provided that no direction issued under this section shall empower any Court to exercise any powers or deal with any business beyond the limits of its jurisdiction.

(1) A District Court or any Court under the control of a District Court may fine, in an amount not exceeding one month’s salary, any ministerial officer of the Court for misconduct or neglect in the performance of his duties. (2) The District Court may, on appeal or otherwise, reverse or modify any order made under sub-section (1) by any Court under its control, and may of its own motion fine up to the amount of one month’s salary any ministerial officer of any Court under its control.

A District Court may, with the previous sanction of the [High Court] delegate to any Subordinate Judge in the district, the power conferred on a District Court by sections 33, [and 34], of this Part and section 24 of the Code of Civil Procedure, to be exercised by the Subordinate Judge in any specified portion of the districts, subject to the control of the District Court.

(1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge or [Additional District Judge] exercising original jurisdiction shall lie to the [High Court]. (2) An appeal shall not lie to the [High Court] from a decree or order of an [Additional District Judge] in any case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.

(1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie— (a) to the District Judge,— (i) where the decree or order was made before the 28th day of June, 1963 and the value of the original suit in which the decree or order was made did not exceed five thousand rupees; or (ii) where the decree or order is made after the 28th day of June, 1963 and the value of the original suit in which the decree or order is made does not exceed ten thousand rupees; and (b) to the [High Court] in any other case. (2) Subject to the provisions of sub-section (2A), an appeal to the Court of the District Judge shall be heard by the District Judge or by an Additional District Judge. (2A) An Additional District Judge shall hear only such appeals as the High Court, by general or special order, may direct or as the District Judge of the District may make over to him. (3) The High Court may by notification direct that appeals lying to the District Court from all or any of the orders passed in an original suit by any Subordinate Judge shall be preferred to such other Subordinate Judge as may be mentioned in the notification and appeals shall thereupon be preferred accordingly and the Court of such other Subordinate Judge shall be deemed to be a District Court for the purposes of all appeals so preferred.

(1) A District Judge may transfer any appeal pending before him from the decrees or orders of [Subordinate Judges] to any [other] Subordinate Judge under administrative control competent to dispose of them. (2) The District Judge may withdraw any appeal so transferred, and either hear and dispose of it himself or transfer it to a Court under his administrative control competent to dispose of it. (3) Appeals transferred under this section shall be disposed of subject to the rules applicable to like appeals when disposed of by the District Judge. (4) The powers conferred by this section shall be exercised subject to such general or special orders as may from time to time be issued in this behalf by the [High Court].

(1) An appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court on the following grounds, namely: (a) the decision being contrary to law or to some custom or usage having the force of law: (b) the appellate Court having failed to determine some material issue of law or custom or usage having the force of law; (c) a substantial error or defect in the procedure provided by the Code of Civil Procedure, 1908, or by any other law for the time being in force which may possibly have produced error or defect in the decision of the case upon the merits. Explanation.—A question relating to the existence or validity of a custom or usage shall be deemed to be a question of law within the meaning of this section. (2) An appeal may lie under this section from an appellate decree passed ex parte.

(1) No second appeal shall lie except on the grounds mentioned in section 41. (2) No second appeal shall lie in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed five hundred rupees.

(1) The period of limitation for an appeal under section 41 of this Part shall be ninety days from the date of the decree appealed against. (2) In computing this period and in all respects not herein specified the limitation of an appeal under the said section shall be deemed to be governed by the provisions of the Indian Limitation Act, 1908.

Except as otherwise provided by this part, any powers that may be conferred by the High Court on any person under this part may be conferred on such person either by name or by virtue of office.

Whenever any person holding an office in the service of Government who has been invested with any powers under this Part throughout any local area is transferred or posted at any subsequent time to an equal or higher office of the same nature within a like local area, he shall, unless the High Court otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.

The High Court may from time to time make rules consistent with this Act and any other enactment for the time being in force:— (a) declaring what persons shall be permitted to act as petition-writers in the Courts subordinate thereto; (b) regulating the issue of licenses to such persons, the conduct of business by them, and the scale of fees to be charged by them; and (c) determining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed.

(1) Subject to such general orders as may be made by the Central Government the High Court shall prepare a list of days to be observed in each year as holidays in the Civil Courts subordinate thereto. (2) Every such list shall be published in the Official Gazette.

All suits, appeals, revisions, applications, reviews, executions and other proceedings whatsoever whether Civil or Criminal pending in the Chief Court of the Punjab shall be continued and concluded in the High Court of Judicature at Lahore as if the same had been had in such High Court; and the High Court of Judicature at Lahore shall have the same jurisdiction in relation to all such suits, appeals, revisions, reviews, executions, applications and other proceedings as if the same had been commenced and continued in such High Court.

(a) In section 117(2) of the Punjab Land Revenue Act, 1887, in clause (c), “Subordinate Judge” shall be substituted for “District Judge” and in clause (d) and (e) “District Court” shall be substituted for “Divisional Court”. (b) In section 99(1) of the Punjab Tenancy Act, 1887 “District Judge” shall be substituted for “Divisional Judge”. (c) In section 7(v) (b) of the Indian Court-fees Act, 1870, for the word “five” shall be substituted the word “ten”.

For the definition of “District Judge”, in section 2(15) of the Punjab General Clauses Act, 1898, the following shall be substituted:— “District Judge” shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include the High Court in the exercise of its ordinary or extraordinary original civil jurisdiction.

In every enactment now in force, and in every appointment, order, rule, bye-law, notification or form made or issued thereunder all references to the Chief Court of the Punjab shall be construed when necessary as referring to the High Court of Judicature at Lahore until the fifteen days of August, 1947, from that date and before the commencement of the Constitution, as referring to the High Court of East Punjab, after the commencement of the Constitution, and before the 1st day of November, 1966 as referring to the High Court of Punjab and on and from that date, as referring to the High Court of Punjab and Haryana.

(1) The period of limitation for an appeal under section 41 of this Part shall be ninety days from the date of the decree appealed against. (2) In computing this period and in all respects not herein specified the limitation of an appeal under the said section shall be deemed to be governed by the provisions of the Indian Limitation Act, 1908.